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international trademark application

Across the Pond: How to File an International Trademark Application

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Getting trademark protection in the United States is one thing. But if you want to take your brand international, you’re going to need more than just a US trademark. And if you don’t? You’re vulnerable to appropriation in other countries. Worse, you’ll have insufficient legal grounds to fight back. You’reGetting trademark protection in the United States is one thing. But if you want to take your brand international, you’re going to need more than just a US trademark. And if you don’t? You’re vulnerable to appropriation in other countries. Worse, you’ll have insufficient legal grounds to fight back. You’re

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trademark infringement test

Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

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A court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar factors to assess confusion. The court will analyze and weigh each factor toA court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar factors to assess confusion. The court will analyze and weigh each factor to

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bubble guppies trademark dispute

Revision Legal Wins in Bubble Guppies Trademark Dispute

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Revision Legal’s trademark attorneys brought home a legal win for their client, Goodies for Kiddies (Goodies) in Rohn v Viacom, 14-cv-83, in the Western District of Michigan. Goodies, a small business that resells children’s clothing purchased from retail stores, was roped into a lawsuit between the owner of the trademarkRevision Legal’s trademark attorneys brought home a legal win for their client, Goodies for Kiddies (Goodies) in Rohn v Viacom, 14-cv-83, in the Western District of Michigan. Goodies, a small business that resells children’s clothing purchased from retail stores, was roped into a lawsuit between the owner of the trademark

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trademark license agreements

Essential Elements of Trademark License Agreements

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  As mentioned in Trademark Licensing, a trademark owner may permit another to use his or her trademark through a trademark license agreement for a period of time set out in the agreement between the licensor and the licensee. What is a Trademark License? First, we will start out with  As mentioned in Trademark Licensing, a trademark owner may permit another to use his or her trademark through a trademark license agreement for a period of time set out in the agreement between the licensor and the licensee. What is a Trademark License? First, we will start out with

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Abandonment of Trademark Rights

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Infinite duration is one of several benefits of owning a trademark; however, a trademark may be lost or abandoned. According to the International Trademark Association, a trademark can be lost through action or inaction of the trademark owner. “The most common way to lose rights in a mark is toInfinite duration is one of several benefits of owning a trademark; however, a trademark may be lost or abandoned. According to the International Trademark Association, a trademark can be lost through action or inaction of the trademark owner. “The most common way to lose rights in a mark is to

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I lost a UDRP Action, Now What?

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If you’ve been through the first, second, and third elements of a UDRP complaint, and you have argued laches as a defense, but have now lost your domain name to a complainant, here is what you can do. A UDRP panel is not always the final decision. You may chooseIf you’ve been through the first, second, and third elements of a UDRP complaint, and you have argued laches as a defense, but have now lost your domain name to a complainant, here is what you can do. A UDRP panel is not always the final decision. You may choose

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UDRP Element 3: Bad Faith

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UDRP Element 3: Bad Faith In case you missed it, we provided a general overview of the UDRP process here, and a more in-depth look at the first and second element of the UDRP. This post, however, delves deeper into the third element of the UDRP test, whether the domainUDRP Element 3: Bad Faith In case you missed it, we provided a general overview of the UDRP process here, and a more in-depth look at the first and second element of the UDRP. This post, however, delves deeper into the third element of the UDRP test, whether the domain

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Inherently Distinctive Trade Dress

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As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the first prong of the three-prong test requires that the plaintiff show “the inherent distinctiveness or secondary meaning of its trade dress.” In Wal-Mart Stores Inc. v. Samara Brothers, Inc., the Supreme Court put to restAs mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the first prong of the three-prong test requires that the plaintiff show “the inherent distinctiveness or secondary meaning of its trade dress.” In Wal-Mart Stores Inc. v. Samara Brothers, Inc., the Supreme Court put to rest

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Trade Dress in Fashion Design

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  We often receive questions about how to protect fashion designed. This article explain trade dress in fashion design and the roles it plays to protect certain items. In the absence of copyright protection for fashion designs in the United States due to the useful nature of designs, designers have  We often receive questions about how to protect fashion designed. This article explain trade dress in fashion design and the roles it plays to protect certain items. In the absence of copyright protection for fashion designs in the United States due to the useful nature of designs, designers have

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incontestable trademarks

Trade Dress Functionality

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As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the second prong of the three-part test requires a showing of the nonfunctionality of its trade dress. Therefore, a trade dress cannot be afforded protection if it is functional. This post explains trade dress functionality andAs mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the second prong of the three-part test requires a showing of the nonfunctionality of its trade dress. Therefore, a trade dress cannot be afforded protection if it is functional. This post explains trade dress functionality and

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